Yes, filing for bankruptcy stops collection lawsuits. Whether you file a Chapter 13 bankruptcy or a Chapter 7 bankruptcy with us, our San Jose bankruptcy attorneys will ensure that any creditors who may be suing you to collect old debt notify the state court that their debt collection lawsuit must stop.
The first protection that you receive when you file for bankruptcy protection is the Automatic Stay of bankruptcy. This immediate protection is how bankruptcy stops collection lawsuits and requires that nearly all types of collection activities—including lawsuits filed against you by debt collectors—must stop immediately, pending the outcome of your bankruptcy case.
This protection is a huge relief to our bankruptcy clients, who often come to us after having been served with a summons and complaint filed in Santa Clara County Superior Court by some debt buyer suing them on old credit card debt or medical debt. Our bankruptcy clients are understandably terrified at being sued because they know what happens next … wage garnishment and bank levies. The good news is that bankruptcy stops these as well. In many cases, we can even recover for you wages that were already garnished during the 90 day period prior to filing your bankruptcy case.
Yes, filing bankruptcy stops collection lawsuits, but it does more. Filing Chapter 7 or Chapter 13 bankruptcy also stops creditors from collecting after they have already obtained a default judgment in one of these collection lawsuits in state court. And if a creditor refuses to recognize the protections that bankruptcy gives you, we can force them to do so by seeking an order from the Bankruptcy Court.
Have you been sued by one of these collectors, debt buyers, or collection law firms for old debt? We can help stop them if you file for bankruptcy protection. Just contact our San Jose Bankruptcy attorneys today for a free consultation.
Cavalry Spv I, LLC
Midland Funding LLC
Portfolio Recovery Associates
LVNV Funding, LLC
Razor Capital LLC
Capital One Bank (USA), N.A.
FIA Card Services
Lobel Financial Corp.
Asset Capital Recovery Group, LLC
Consumer Portfolio Services, Inc.
CIR Law Offices
Credit Acceptance Corporation
Hunt & Henriques
Winn and Sims
Winn Law Group
American Express Centurion Bank
Credit Acceptance Corporation
NCO Financial Services
Jefferson Capital Systems
The Moore Law Group
Law Offices of Robert J. Colclough
Harris & Zide
Nelson & Kennard
MCT Group, Inc.
Eltman Law, P.C.
Barclays Bank Delaware
Jon Brooks was wonderful to work with on filing for bankruptcy. He is professional, polite, and very detailed. I'm so grateful I'm debt free... Read moreMichelle D., San Jose
I just wanted to take this time to say that I had the privilege of being represented by my bankruptcy attorney Jon. At first I was really te... Read moreFrank S., San Jose
Jon focused on the key issues quickly, and knew critical answers I could not find elsewhere – even from other attorneys! I highly recommen... Read moreC.C., San Jose
If you are reading this, chances are you haven’t been on a ‘winning streak’ in your life lately. When my wife and I came in to see Jon... Read moreKeith A., San Jose
Jon provided me with the pros and cons of what type of bankruptcy to file which I understood very well as they were presented to me and my w... Read moreTony G., Fremont
Jon Brooks demonstrated confidence, compassion, and professional integrity while handling my challenging bankruptcy case. He skillfully disc... Read moreLisa C., Palo Alto
I can't thank Jon enough for helping us through the most difficult time in our life. Coming to the conclusion that I had to file bankruptcy ... Read moreJ.S., San Jose
Choosing Jon to represent me in my bankruptcy case was the best decision I have ever made! He is extremely knowledgeable and explained every... Read moreSara L., Campbell
Jon Brooks helped us get a fresh start without making us feel ashamed for our bankruptcy. He and his staff were professional to an ultimate ... Read moreY. Carter and D. Carter, San Jose
I am a young single mother that went through a very difficult time and knew bankruptcy was the smartest option for me at the time. Mr. Brook... Read moreS.M., San Jose
We were saved by the office of Jon Brooks when our country was in the Great Recession. They solved our second mortgage and debt problems pow... Read moreSam S., San Jose
Jon Brooks and his wonderful team helped me with my bankruptcy case and gave me back my peace of mind. My initial (free) consultation with M... Read moreRaquel P., San Jose
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